Duffin v. Berryhill

Filing 27

ORDER adopting 25 Memorandum and Recommendations; denying 19 Motion for Judgment on the Pleadings; granting 22 Motion for Judgment on the Pleadings. Signed by District Judge James C. Dever III on 8/6/2019. (Sellers, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTII CAROLINA
NORTHERN DIVISION
No. 2:18-CV-27-D
KYMBERLY SHADE DUFFIN,
Plainti:ft:

v.
ANDREW M. SAUL,
Commissioner of Social Security,1
Defendant.

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ORDER

On June 28, 2019, Magistrate Judge Jones issued a Memorandum and Recommendation

("M&R") and recommended that this court deny plaintiff's motion for judgment on the pleadings
[D.E. 19], grant defendant's motion for judgment on the pleadings [D.E. 22], and affirm defendant's
final decision. See [D.E. 25]. On July 12, 2019, plaintiff objected to the M&R [D.E. 26].
Defendant did not respond.
"The Federal Magistrates Act requires a district court to make a de novo determination of
those portions of the magistrate judge's report or specified proposed findings or recommendations
to which objection is made." Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th

Cir. 2005) (emphasis, alteration, and quotation omitted); see 28 U.S.C. § 636(b). Absent a timely
objection, "a district court need not conduct a de novo review, but instead must only satisfy itselfthat
there is no clear error on the face of the record in order to accept the recommendation." Diamond,
416 F.3d at 315 (quotation omitted).

1

Under Federal Rule of Civil Procedure 25(d), the court substitutes Andrew M. Saul for
Nancy A. Berryhill as Commissioner of Social Security. See Fed. R. Civ. P. 25(d).

The court has reviewed the M&R, the record, and plaintiff's objections. As for those
portions ofthe M&R to which plaintiffmade no objection, the court is satisfied that there is no clear
error on the face of the record.
The court has reviewed de novo the portions of the M&R to which plaintiff objected. The
scope ofjudicial review of a final decision concerning disability benefits under the Social Security
Act, 42 U.S.C. § 301 et seq., is limited to determining whether substantial evidence supports the
Commissioner's factual :findings and whether the Commissioner applied the correct legal standards.
See,~42 U.S.C.

§ 405(g); Wallsv. Barnhart, 296F.3d287,290(4thCir. 2002);Haysv. Sulliv~

907 F.2d 1453, 1456 (4th Cir. 1990). Substantial evidence is evidence a ''reasonable mind might
accept as adequate to support a conclusion." Richardson v. Perales, 402 U.S. 389, 401 (1971)
(quotation omitted); see Biestek v. Berryhill, 139 S. Ct. 1148, 1154(2019). It "consists ofmore than
a mere scintilla of evidence but may be less than a preponderance." Smith v. Chater, 99 F.3d 635,
638 (4th Cir. 1996); see Biestek, 139 S. Ct. at 1154. This court may not reweigh the evidence or
substitute its judgment for that of the Commissioner. See, e.g., Hays, 907 F.2d at 1456. Rather, in
determining whether substantial evidence supports the Commissioner's decision, the court examines
whether the Commissioner analyzed the relevant evidence and sufficiently explained her :findings
and rationale concerning the evidence. See, e.g., Sterling Smokeless Coal Co. v. Akers, 131 F.3d
438, 439-40 (4th Cir. 1997).
Plaintiff's objections restate the arguments made to Judge Jones concerning whether the ALJ
properly considered and explained his reasoning concerning the weight the ALJ gave concerning
plaintiff's RFC and plaintiff's statements regarding the severity of her symptoms. Compare [D.E.
20] 8-26, with [D.E. 26] 1-3. However, both Judge Jones and the ALJ applied the proper legal
standards. See M&R at 4-15. Moreover, substantial evidence supports the ALJ's analysis. See id.
2

In sum, plaintiff's objections to the M&R [D.E. 26] are OVERRULED, plaintiff's motion
for judgment on the pleadings [D.E. 19] is DENIED, defendant's motion for judgment on the
pleadings [D.E. 22] is GRANTED, defendant's final decision is AFFIRMED, and this action is
DIS:MISSED. The clerk shall close the case.
SO ORDERED. This le_ day of August 2019.

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